16 April 2021. Almaty

Politically motivated criminal prosecution of a civil activist and political prisoner Abay #BEGIMBETOV.

On 5 April 2021, #KAZHIBAYEV G., a senior investigator of the Investigative Division of the Almaty City Police Department, issued a subsumption (legal argumentation of a crime) of a suspect Abay BEGIMBETOV.

Abay BEGIMBETOV is politically prosecuted under Article 182 Part 1 («establishment of an extremist group»), Article 405 Part 2 («participation in the activities of an extremist organization»), and Article 378 Part 2 («insulting a public officer»).

«grounds» for a political criminal case:

  1. The investigator writes that despite the fact that the World Health Organisation (WHO) declared a pandemic and the Chief Sanitary Doctor of Kazakhstan imposed restrictions on mass events, Abay BEGIMBETOV «went to participate in an unsanctioned rally».

Police officers allegedly «took steps to take» Abay BEGIMBETOV to the police. Watch the video. Is this what you call «taking him to the police»? Rough detentions of peaceful people in Gandhi Park. Not even protesters. The investigator writes that BEGIMBETOV was disgruntled and outraged and shouted: «Mal», «Bitch», «Fag» to police officers #NASAYEV R. and #SAMETOV A.

So Zhanbolat MAMAY also called for and participated in an «unsanctioned protest» on 6 June 2020 during the pandemic. And he was surrounded by two rings of police officers, with no respect for social distance (in the screenshots).
Moreover, Zhanbolat MAMAY/DPK held a protest on 27 March 2021, when Almaty was in the “red zone”, while in other cities, permits for protests were not granted due to «quarantine».
The sanitary doctor cannot restrict a person’s right to a peaceful assembly. All the more so, it was the first day that Tokayev’s «notification» law on «peaceful assemblies» came into force.

  1. Abay BEGIMBETOV «In December 2019, together with his associates, took an active part in changing the name of the organisation (DCK) and its transformation into «Koshe Partiyasy», where he continued his active participation in the unregistered movement «Koshe Partiyasy». This fact of the name change from “DCK” to “Koshe Partiyasy” was established by the Yesil District Court on 19 May 2020.

The decision of the Yesil court has not been published yet and can be considered politically motivated.

  1. On 22 July 2020, a video was published on “Askhat Zheksebayev” YouTube channel in which Askhat ZHEKSEBAYEV introduced Abay BEGIMBETOV as a «civil activist in Almaty and leader of the Pavlodar Koshe Partiyasy chat». That video focused on the process of helping to build a house for the family of the murdered Dulat Agadil.

What is illegal about that?

  1. Abay BEGIMBETOV «On a regular basis took part in unsanctioned rallies, actions, pickets for which he was repeatedly brought to administrative responsibility», namely: on 18 June 2020 (fine of 83340 tenge).

Is participation in one peaceful protest «a regular basis»?

  1. «Being oppositional in his political convictions and an adherent of extremist ideology, having a negative attitude towards the existing constitutional system and the system of government of the Republic of Kazakhstan, ……, «planned the creation and management of an extremist group», with the aim of changing the constitutional system of the Republic of Kazakhstan and the political system of society”.

Mukhtar Ablyazov is the organiser of the «DCK», and if the authorities say that the «DCK» is the «Koshe Partiyasy», then the activists cannot logically be the organisers of «Koshe». But the truth is that the activists organised an opposition movement separate from the “DCK”.

  1. He was given a «leading role» in the «extremist group».

How was this even proven?

  1. «Intentionally, persistently and tendentiously offered to join and unite in the ranks of «Koshe Partiyasy», expressing dissatisfaction with the social and political situation in the country, as well as expressing negative assessment of the current government, law enforcement agencies, calling for actions aimed at changing the government, resignation of the Government».
  2. On 19 July 2020, came to Astana to participate in Asar — assistance in building a house for the family of the murdered Dulat Agadil. Moreover, the investigator himself writes «Asar». The investigator further writes that together with other activists, Abay BEGIMBETOV rented a flat in Astana, where they held meetings with activists in the capital, discussed the involvement of new supporters and future protests.

Is providing humanitarian aid illegal?

  1. On 6 June 2020, discussed with Askhat ZHEKSEBAYEV on Telegram the upcoming «unsanctioned rally» on 6 June 2020.

Well, so Zhanbolat MAMAY called for an «unsanctioned rally» and participated in one.

  1. Participated in a Telegram chat where the upcoming rallies were discussed and where ASPANDIYAROVA D.’s «financial report on fundraising» was kept.

It is not illegal to discuss the distribution of funds collected from public fundraisers in order to provide humanitarian assistance to the families of politically persecuted activists and political prisoners, nor is it illegal to discuss future peaceful protests.